Common use of Financial Statements; Undisclosed Liabilities and Defaults Clause in Contracts

Financial Statements; Undisclosed Liabilities and Defaults. (a) The Company has delivered to Buyer the unaudited balance sheets of the Company as of December 31, 2018 and December 31, 2017 and the related statements of income, stockholders’ equity and cash flows for the fiscal years then ended. All of the foregoing financial statements are collectively referred to herein as the “Financial Statements.” The Financial Statements have been prepared in accordance with GAAP and fairly present, in all material respects, the financial condition and results of operation of the Company at the dates and for the periods indicated therein, except as otherwise may be indicated therein. The Company’s accounting practices have been consistently applied for all periods represented by the Financial Statements, except as otherwise may be indicated therein.

Appears in 3 contracts

Samples: Stock Purchase Agreement (EVO Transportation & Energy Services, Inc.), Stock Exchange Agreement (EVO Transportation & Energy Services, Inc.), Membership Interest Purchase Agreement (EVO Transportation & Energy Services, Inc.)

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Financial Statements; Undisclosed Liabilities and Defaults. (a) The Company has delivered to Buyer Buyer: (a) the unaudited balance sheet of the Company as of October 31, 2018 and (b) the unaudited balance sheets of the Company as of December 31, 2018 2016 and December 31, 2017 and the related statements of income, stockholders’ equity and cash flows for the fiscal years then ended. All of the foregoing financial statements are collectively referred to herein as the “Financial Statements.” The Financial Statements have been prepared in accordance with GAAP and fairly present, in all material respects, the financial condition and results of operation of the Company at the dates and for the periods indicated therein, except as otherwise may be indicated therein. The Company’s accounting practices have been consistently applied for all periods represented by the Financial Statements, except as otherwise may be indicated therein.

Appears in 2 contracts

Samples: Stock Purchase Agreement (EVO Transportation & Energy Services, Inc.), Agreement and Plan of Merger (EVO Transportation & Energy Services, Inc.)

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Financial Statements; Undisclosed Liabilities and Defaults. (a) The Company has Companies have delivered to Buyer the unaudited balance sheets of the Company Companies as of December 31, 2018 and December 31, 2017 and the related statements of income, stockholders’ equity and cash flows for the fiscal years then ended. All of the foregoing financial statements are collectively referred to herein as the “Financial Statements.” The Financial Statements have been prepared in accordance with GAAP and fairly present, in all material respects, the financial condition and results of operation of the Company Companies at the dates and for the periods indicated therein, except as otherwise may be indicated therein. The Company’s Companies’ accounting practices have been consistently applied for all periods represented by the Financial Statements, except as otherwise may be indicated therein.

Appears in 1 contract

Samples: Stock Purchase and Exchange Agreement (EVO Transportation & Energy Services, Inc.)

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